Arkansas Domestic Violence Laws

Domestic violence laws in Arkansas prohibit people from physically
injuring family members and household members. Arkansas also makes it
illegal to engage in conduct that creates a substantial danger of death
or serious injury to a family or household member. Punishment for
domestic violence crimes range from misdemeanor penalties to lengthy
felony prison sentences.

Protected Persons

Arkansas domestic violence laws apply to aggressors and victims who are family or household members.

Arkansas defines “family or household members” as:

current or former spouses

parents and children

persons related by blood

a child living in the household

persons who currently or previously lived together

people who have a child together, and

persons who currently or formerly were in a dating relationship

In
determining whether the defendant and victim are or were in a dating
relationship, a court considers the length of the relationship, the type
of the relationship, and the frequency of the interactions between
those involved. People in casual relationships or who fraternize in a
business or social context are not considered to be in a dating
relationship.

Domestic Battering: Differing Degrees & Penalties

Arkansas
categorizes domestic violence crimes according to the level of injury
suffered by the victim. First-degree battering is the most serious and
carries the stiffest penalties; second-degree and third-degree battering
are less serious offenses.

First-degree domestic battering

A person commits domestic battering in the first degree against a household or family member if the person causes:

serious physical injury by use of a deadly weapon while intending to cause such an injury

serious permanent disability or disfigurement with the intent to cause such an injury

serious physical injury under circumstances that demonstrate an extreme indifference to the value of human life, or

serious
physical injury to a household or family member who the person knows is
either under the age of thirteen or over the age of sixty.

Domestic
battering in the first degree is a Class B felony, which carries up to
20 years in prison. Domestic battering in the first degree is a Class A
felony if the defendant either knew or should have known that the victim
was pregnant, or if the defendant has a prior domestic battering
conviction within the previous five years. Class A felonies can be
punished by up to 30 years in prison.

Second-degree domestic battering

Someone commits domestic battering in the second degree against a family or household member if the person:

inflicts physical injury by use of a deadly weapon while intending to cause such injury

recklessly causes serious physical injury by use of a deadly weapon, or

knowingly
causes physical injury to a household or family member that the person
knows to be sixty years of age or older or twelve years of age or
younger.

Domestic battering in the second degree is a Class C
felony, carrying a maximum prison sentence of ten years. If the
defendant knew or should have known that the victim was pregnant, or if
the defendant has a prior domestic battering conviction within the
previous five years, the new conviction for domestic battering in the
second degree is a Class B felony.

Third-degree domestic battering

A person commits domestic battering in the third degree against a family or household member if the person:

causes physical injury while intending to cause such injury

recklessly causes physical

negligently causes physical injury by use of a deadly weapon, or

intentionally
causes physical or mental impairment by administering to the family or
household member (without that person’s consent) a drug or any other
substance.

Domestic battering in the third degree is a Class
A misdemeanor, punishable by up to a year in jail. If the defendant
knew or should have known that the victim was pregnant, or if the
defendant has a previous domestic battering or aggravated assault
conviction within the previous five years, the new offense is a Class D
felony, punishable by up to six years in prison. If the defendant is
convicted of third-degree domestic battering and has two previous
convictions within the previous ten years for acts of battery against a
family or household member, the new conviction is a Class D felony.

Aggravated assault on a family or household member

A
person commits aggravated assault on a family member or household
member by engaging in conduct that creates a substantial danger of death
or serious physical injury to a family or household member. Ark. Code §
5-26-306 requires that the conduct demonstrate the defendant’s extreme
indifference to the value of human life in order for the defendant to be
convicted of the offense.

Protective Orders

Someone
claiming to be the victim of domestic violence may petition a court for a
protective order. If the court finds that domestic violence was
committed, it may order any relief deemed necessary to protect the
victim. The relief can include restraining the abuser from injuring,
harassing, or having any type of contact with the victim. The relief may
also include requiring the abuser to move out of the home and provide
temporary financial support for any minor children or a spouse.

Courts
can issue protective orders for periods as short as 90 days and a
maximum duration of ten years. A person who is charged with violating a
protective order may be placed under electronic surveillance as a
condition of release from jail.

Those who violate a protective
order are guilty of a Class A misdemeanor, which carries a maximum of
one year in jail. If the violation of a protective order occurs within
five years of a previous conviction for violating a protective order,
the new violation is a Class D felony.

Defenses to a Charges of Violating a Protective Order

Arkansas
law provides several defenses to charges of violating a protective
order. These defenses include showing that the defendant and victim have
reconciled, or proving that the victim invited the defendant to the
victim’s residence or place of employment, knowing that the protective
order prohibited the defendant from being present at these locations.

Contact A Lawyer

A
conviction for a domestic violence offense in Arkansas carries the
possibility of incarceration, including the possibility of a lengthy
prison sentence if the offense is a felony. If you are charged with a
domestic violence crime in Arkansas, you should consult with a lawyer
experienced in handling domestic violence cases. A lawyer may seek to
have damaging evidence excluded from trial or may ask the court to
dismiss the charge. A skillful lawyer will protect your rights and
provide guidance to you throughout the process, including representing
you in front of a judge or jury if your case goes to trial.